The Cemeteries Act

The Cemeteries Act, C.C.S.M. c. C30 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application of Act 2.1 Powers of director PART I CEMETERIES 3 Enclosure of cemetery 4 Repair of cemetery 5 Sewers and drains 6 Penalty for disobeying sections 3, 4 and 5 7 Penalty for fouling water 8 Special damages for fouling water 9 Chapel or vault for winter use 10 Mausoleum 11 No grave under or near building 12 Conduct of burials and religious ceremony 13 Graves for strangers and poor 14 Cemeteries and lots exempt from seizure 15 Registration of conveyance of lot or plot 16 Form of conveyance or transfer 17 Lots or plots indivisible 18 Transfer of crypts or compartments in mausoleums PART II CREMATORIES 19 Construction and issue of licence 20 Limitations and suspension of licence 20.1 Suspension, cancellation or refusal to renew licence 21 Offence and penalty, penalty for false representation 22 Charges for cremation 23 Statutory provisions apply PART III PERPETUAL CARE FUNDS 24 Where Part not applicable 25 Licences required to operate cemetery or sell plots 26 Issue of licences 27 Approval of contracts 28 Setting aside of perpetual care funds 29 Perpetual care funds held in trust 30 Application of income of perpetual care funds 31 Passing of accounts 32 Repealed 33 Owner to furnish information 34 Law applicable to funds 34.1 Contravention of this Part PART IV GENERAL 35 Various offences 35.1 Restitution order 36 Action for damages due to offence 37 Board of trustees 38 Land for cemetery purposes may be conveyed 39 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "authorized trustee" means the trust company designated in the regulations as the authorized trustee under Part III; (« fiduciaire autorisé ») "cemetery" means land that is set apart or used as a place for the burial of dead human bodies or other human remains or in which dead human bodies or other human remains have been buried; (« cimetière ») "columbarium" means a structure designed for storing the ashes of dead human bodies or other human remains that have been cremated; (« columbarium ») "crematory" means a building fitted with proper appliances for the purpose of the incineration or cremation of dead human bodies, and includes everything incidental or ancillary thereto; (« crématoire ») "director" means the director of the Consumer Protection Office designated under The Consumer Protection Act , and includes a deputy of the director; (« directeur ») "mausoleum" means a structure, wholly or partly above the level of the ground and designed for the burial or storage of dead human bodies; (« mausolée ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "owner" means a person who owns, controls, or manages a cemetery, columbarium or mausoleum; (« propriétaire ») "perpetual care" means the preservation, improvement, embellishment, and maintenance, in perpetuity and in a proper manner of lots, plots, tombs, monuments, or enclosure, in a cemetery or of compartments in a columbarium or mausoleum; (« entretien perpétuel ») "perpetual care funds" means funds and property received by an owner for the purpose of providing perpetual care generally of a cemetery, columbarium, or mausoleum, or of any particular part thereof, whether received (a) under this Act or otherwise; (b) under the terms of a contract, trust, or gift or otherwise; and includes moneys deducted and set aside under section 28; (« fonds d'entretien perpétuel ») "religious auxiliary" means a corporation, society, committee, or other organization, that is sponsored, organized, established or set up by a religious denomination and controlled or supervised by, and operated as an instrument or auxiliary of, and in close connection with, that religious denomination; (« auxiliaire religieux ») "religious denomination" means an organized society, association, or body, of religious believers or worshippers professing to believe in the same religious doctrines, dogmas, or creed and closely associated or organized for religious worship or discipline, or both. (« congrégation religieuse ») S.M. 2013, c. 54, s. 10 ; S.M. 2021, c. 61, s. 71 . Application of Act 2 Except as specifically herein otherwise provided, this Act applies to every cemetery, columbarium, or mausoleum, in the province whenever established, laid out, or constructed. Powers of director 2.1 The director has, in respect of any matter coming before the director under this Act, all the powers given to the director under The Funeral Directors and Embalmers Act in respect of matters coming before the director under that Act. S.M. 1999, c. 21, s. 2 ; S.M. 2013, c. 54, s. 10 ; S.M. 2021, c. 61, s. 71 . PART I CEMETERIES Enclosure of cemetery 3 The owner of a cemetery shall enclose every part thereof by walls or fences of the height of four feet six inches at least, and shall prevent all animals from trespassing within the enclosure. Repair of cemetery 4 The owner of a cemetery shall, out of the moneys received in respect thereto, keep the cemetery and the buildings and walls or fences thereof in good order and repair. Maintenance of sewers and drains in connection with cemetery 5(1) The owner of a cemetery shall construct and maintain all proper and necessary sewers and drains in and about the cemetery for the purpose of draining it and keeping it dry. Power to open drains and sewers 5(2) The owner may, as occasion requires, cause any sewer or drain to open into an existing sewer of the highway, street, road or land through which or part of which the opening is intended to be made; and the owner shall do as little damage as possible to the highway, street, road or land and shall restore it to the same condition or as good a condition as it was before being disturbed. S.M. 2021, c. 61, s. 71 . Penalty for disobeying sections 3, 4 and 5 6 If the owner of a cemetery makes default in carrying out any of the provisions of sections 3, 4, and 5, the owner is guilty of an offence and liable, on summary conviction, to a fine of not more than $50. for every such default. S.M. 2021, c. 61, s. 71 . Penalty for fouling water 7 If the owner of a cemetery at any time causes or suffers to be brought to, or to flow into, any river, spring, well, stream, canal, reservoir, aqueduct, lake, pond, or watering place, any offensive matter from the cemetery whereby the same is fouled, the owner is guilty of an offence and liable, on summary conviction, in addition to any other remedy existing by law, to a fine of not more than $50. for every such offence. S.M. 2021, c. 61, s. 71 . Civil action for special damages for fouling water 8(1) In addition to the penalty provided by section 7, any person having a right to use the water may sue the owner of the cemetery for any damage specially sustained by the person by reason of the water being fouled. Where no special damage proved 8(2) If in the action no special damage is alleged or proved, the court shall award a sum not exceeding $10. for every day during which the fouling has continued after the expiration of 24 hours from the time when notice of the fouling was served, by the person mentioned in subsection (1), upon the owner of the cemetery. S.M. 2021, c. 61, s. 71 . Erection of chapel or vault for winter use 9(1) The owner of a cemetery may erect, within the bounds of the cemetery, a chapel and vault or a vault alone for use as a repository for the dead during the winter months. Construction of building 9(2) The chapel and vault or the vault alone shall be of stone or brick or part stone and brick, and all vault doors shall be of iron and wood encased in iron sheeting, and all vault windows or other openings in the vault shall be protected by iron sheeted shutters; and there shall be no open connections between the vault and the chapel except underneath the floor for the reception of the coffin. Erection of mausoleum 10 A mausoleum may be erected in any cemetery. No grave under or near building 11 Except as provided in sections 9 and 10, no person shall be buried in a vault or otherwise, in or under any chapel or other building in a cemetery, or within 15 feet of the outer wall of any chapel or building therein. Regulations re conduct of burials 12(1) The owner of a cemetery shall make regulations to ensure that all burials within the cemetery are conducted in a decent manner. Religious ceremony in case a public cemetery 12(2) In the case of a public cemetery, the owner shall permit the religious denomination to which the deceased belonged to perform the usual religious rites on the deceased's interment. Graves for strangers and poor 13(1) The owner of a public cemetery shall furnish graves for strangers and for the poor of all denominations on the certificate of a clergyman that the deceased was a stranger or that the deceased and their relatives are poor. Municipality liable 13(2) The certificate shall state the municipality in which the person died, and that municipality shall pay the owner of the cemetery, if other than the municipality, the customary charges on the presentation of the certificate to the clerk of the municipality. S.M. 2021, c. 61, s. 71 . Cemeteries and lots exempt from seizure 14 The real property of the owner of a cemetery that is used as such, and the lots or plots when conveyed by the owner to individual proprietors for burial sites shall not be liable to be seized or sold in execution or under judgment or attached or applied to the payment of debt or passed to the assignee under any bankruptcy or insolvency law. Registration of conveyance 15 Where a lot or plot has been sold by the owner of a cemetery for burial site, the conveyance or transfer need not be registered for any purpose whatever, and shall not be affected by The Registry Act or The Real Property Act ; nor shall any judgment, mortgage or encumbrance subsist on any lot so conveyed or transferred. Form of conveyance or transfer 16 The conveyance of a burial lot or plot may be in the following form: Take notice that the (giving name of owner), in consideration of dollars, paid to it by , of , the receipt whereof is hereby acknowledged, doth grant unto the said their heirs and assigns lot of land in the cemetery of the said owner, called and situate in the of , which lot is delineated and laid down on the map of the said cemetery, and is therein designated by the name of , containing by admeasurement superficial feet; to have and to hold the herein above named premises, etc. S.M. 2021, c. 61, s. 71 . Lots or plots indivisible 17 All lots or plots of ground in a cemetery, when numbered and conveyed or transferred by the owner of the cemetery as burial sites shall be indivisible, but may afterwards be held and owned in undivided shares. Conveyances or transfers of crypts or compartment in mausoleums 18(1) The owner of a cemetery in which is situated a mausoleum may sell or otherwise dispose of crypts or compartments in the mausoleum for the entombment of bodies therein. Registration not required 18(2) Where a crypt or compartment is sold or disposed of for the purpose of entombment, the conveyance or transfer need not be registered for any purpose whatever, and shall not be affected by The Registry Act or The Real Property Act ; nor shall any judgment, mortgage or encumbrance subsist on any crypt or compartment so conveyed or transferred. PART II CREMATORIES Requirements for construction of crematories 19(1) No person shall construct a crematory in the province unless (a) an engineer designated for the purpose by the member of the Executive Council charged with the administration of The Public Works Act has certified to the director under this Act that the plans therefor provide for the installation of the proper equipment for the disposal of human bodies by cremation and are satisfactory in all respects; and (b) the plans therefor, and the site thereof, have been approved in writing by the minister. Limitation on construction of crematories 19(2) No crematory shall be constructed nearer to any dwelling house than 200 yards, except with the consent in writing of the owner of the dwelling house, if they are the occupier thereof, and also with the consent of the tenant or occupier, if the owner is not the tenant or occupier thereof. Crematories authorized 19(3) Subject as herein provided, and subject (a) to a zoning by-law under The Planning Act ; (b) to all validly enacted municipal by-laws; and (c) to all municipal and other building restrictions in force in the municipality; applicable thereto, a crematory may be constructed, maintained, and operated, in any municipality and at any place therein, either in a cemetery or elsewhere. Licence required for operation 19(4) No human bodies shall be cremated in any crematory and no crematory shall be maintained or operated unless the operator thereof holds a valid and subsisting licence for the purpose issued under this Part. Issue of licence 19(5) Subject as herein provided, on payment of the required fee, the director may issue to the operator of a crematory a licence authorizing the maintenance and operation of the crematory. Requirements for approval of plans 19(6) The director shall not approve the plans for, or the site of, a proposed crematory unless (a) the director has received the certificate to which clause (1)⁠(a) refers; and (b) the director is satisfied that the crematory will be constructed in accordance with (i) a zoning by-law under The Planning Act ; (ii) all validly enacted municipal by-laws; and (iii) all municipal and other building restrictions; applicable thereto, and in accordance with this section. Requirements for issue of licence 19(7) The director shall not issue a licence for the maintenance and operation of a crematory unless (a) the director has approved the plans therefor and the site thereof as herein provided; (b) the director is satisfied that it is likely that the crematory will be maintained and operated as herein required; and (c) an engineer designated by the minister charged with the administration of The Public Works Act has certified that the construction of the crematory has been completed and that it is built on the site approved and in accordance with the plans approved. Operation in conformity with regulations 19(8) Every crematory shall be maintained and operated in accordance with any regulations applicable thereto made under this Act, The Public Health Act , or any other Act of Legislature, and in accordance with all validly enacted municipal by-laws applicable thereto. S.M. 1998, c. 39, s. 71 ; S.M. 2013, c. 54, s. 10 ; S.M. 2021, c. 61, s. 71 . Expiry of licence 20(1) Every licence issued under section 19, unless sooner suspended or cancelled, shall expire on March 31 following the date of the issue thereof. 20(2) to (5) [Repealed] S.M. 2021, c. 61, s. 71 . S.M. 2021, c. 61, s. 71 . Suspension, cancellation or refusal to renew licence 20.1(1) The director may suspend, cancel or refuse to renew a licence issued under section 19 if the director is satisfied that the licensee has failed to comply with this Act or the regulations. Hearing 20.1(2) Before the director suspends, cancels or refuses to renew a licence under subsection (1), the director must notify the applicant or licensee of that fact, in writing, and give the licensee an opportunity to present evidence and make representations to the director at a hearing. Written decision 20.1(3) Within 60 days after a hearing is completed, the director must (a) make a written decision on the matter, consisting of a statement of the decision made and the reasons for it; and (b) send a copy of the decision to the applicant or licensee by registered mail. S.M. 2021, c. 61, s. 71 . Offence and penalty 21(1) Any person who maintains or operates a crematory and who is not the licensee named in a valid and subsisting licence issued for the purpose under this Act, or who otherwise contravenes, or omits, neglects, or fails, to observe, any provision of section 19 or of the regulations, is guilty of an offence and liable, on summary conviction, (a) if a corporation, to a fine not exceeding $2,000.; and (b) if an individual, to a fine not exceeding $500. Penalty for false representation 21(2) Every person who (a) with a view to obtaining (i) the approval of the minister to the plans for a crematory or the site thereof; or (ii) the issue of a licence authorizing the maintenance and operation of a crematory; or (b) with a view to procuring the cremation of any human remains; wilfully makes any false representation or issues or signs any false certificate, is guilty of an offence and liable, on summary conviction, in addition to any penalty or liability that the person may otherwise incur, to imprisonment for a term not exceeding 15 months. S.M. 2021, c. 61, s. 71 . Approved charges for cremation 22(1) A person licensed under section 19 is entitled to demand and receive payment of charges or fees for the cremation of human bodies in the crematory for the maintenance and operation of which it holds a licence; but, if a table of charges or fees is established by regulation under section 39, the charges or fees shall be in accordance with that table. Charges part of funeral expenses 22(2) Any charges or fees, and any expenses, properly incurred in or in connection with the cremation of the body of a deceased person shall be deemed to be part of the funeral expenses of the deceased. Statutory provisions apply 23 All statutory provisions relating to the registration of deaths and certificates of registration and all other provisions required to be observed before a burial is permitted shall, with such modifications as the circumstances require, be observed in all cases where human bodies are cremated, and all provisions relating to registers of death, and the admissibility of extracts therefrom as evidence in courts or otherwise, shall likewise apply to registers of cremations directed by the regulations to be kept. PART III PERPETUAL CARE FUNDS Where Part not applicable 24 This Part, other than subsection 29(4), does not apply to (a) a cemetery, columbarium, or mausoleum, owned and operated by a religious denomination or a religious auxiliary, or by a municipality; or (b) a cemetery owned and operated by a non-profit organization (i) that is organized and operated exclusively for the purpose of owning and operating the cemetery, (ii) no part of the income of which is payable to, or otherwise available for the personal benefit of, any proprietor, member or shareholder of the organization, and (iii) that has not in any year sold more than 15 cemetery plots; (c) to any sale, lease or rental, or agreement to sell, lease, or rent, a lot, plot, compartment, or other space in a cemetery, columbarium, or mausoleum if the sale, lease, rental, or agreement was made before November 1, 1959; or (d) to moneys paid or payable under any sale, lease, rental, or agreement to which clause (c) applies. S.M. 1999, c. 21, s. 3 . Licence required for operation of cemetery, etc. 25(1) No person shall maintain or operate a cemetery, columbarium, or mausoleum unless the person holds a valid and subsisting licence for the purpose issued to them under this Part. Licence required by owner for sale of lots, etc. 25(2) No person, and no corporation by its officer, employee, or agent, shall sell or offer for sale, or lease or rent or offer to lease or rent, a lot, plot, compartment, or other space, in a cemetery, columbarium, or mausoleum owned by them, unless the person or corporation holds a valid and subsisting licence for the purpose issued under this Part. Licence required by agent for sale, etc., of lots 25(3) No person shall, as agent for or on behalf of the owner of a cemetery, columbarium, or mausoleum, sell or offer for sale, or lease or rent or offer to lease or rent, a lot, plot, compartment, or other space, in the cemetery, columbarium, or mausoleum unless they hold a valid and subsisting licence for the purpose issued to them under this Part. S.M. 2013, c. 54, s. 10 ; S.M. 2021, c. 61, s. 71 . Issue of licence for operation 26(1) The director may issue, in a form approved by the director, a licence for the maintenance and operation of a cemetery, columbarium, or mausoleum. Issue of licences for sale, etc. 26(2) The director may issue, in a form approved by the director, a licence to the owner of a cemetery, columbarium, or mausoleum and to any person as agent for such an owner, authorizing the licensee to sell, lease, or rent or, on behalf of the owner, to offer for sale, lease, or rent, lots, plots, compartments, or other space in the cemetery, columbarium, or mausoleum. Conditions 26(2.1) A licence may be made subject to prescribed terms and conditions. Fee for licence 26(3) The director shall charge and collect for each licence issued such fee as is prescribed by the regulations. Expiry of licence 26(4) Every licence issued under this section expires on March 31 following the date of the issue thereof. S.M. 2019, c. 11, s. 1 ; S.M. 2021, c. 61, s. 71 . Approval of contracts 27 No owner of a cemetery, columbarium, or mausoleum shall sell, lease, or rent any lot, plot, compartment, or other space therein unless the form of the contract of sale, lease, or rental has been approved by the director. S.M. 2021, c. 61, s. 71 . Setting aside of perpetual care funds 28(1) From all moneys received on the sale, lease, or rental of a lot, plot, compartment, or other space in a cemetery, columbarium, or mausoleum, the owner thereof shall deduct and set aside for perpetual care such portion of those moneys as may be prescribed in the regulations. Payment to authorized trustee 28(2) Every owner shall, not less frequently than once in each year, pay over to the authorized trustee all moneys that the owner has deducted and set aside under subsection (1) since the coming into force of this section, or since the last previous occasion on which they have paid over such moneys to the authorized trustee, as the case may be. S.M. 2021, c. 61, s. 71 . Perpetual care funds held in trust 29(1) An authorized trustee receiving perpetual care funds from an owner of a cemetery, columbarium or mausoleum shall hold the funds in trust for the purpose of funding the owner's perpetual care obligation in respect of the cemetery, columbarium or mausoleum and shall pay the funds and any income from the funds to the owner only as required or permitted under this Part or by the director. Separate accounts 29(2) An authorized trustee receiving perpetual care funds from an owner shall establish a separate account for the funds received in respect of each cemetery and each columbarium or mausoleum that is not part of a cemetery. Application of Trustee Act 29(3) Sections 68 to 75 of The Trustee Act apply in respect of the perpetual care funds held by an authorized trustee. Return of perpetual care funds to owner 29(4) Where the other provisions of this Part cease to apply to a cemetery, columbarium or mausoleum, the director may direct the authorized trustee holding perpetual care funds in respect of the cemetery, columbarium or mausoleum to pay the funds to the owner or to another person approved by the director and may impose conditions or restrictions on the use of the funds and any income earned on the funds. S.M. 1999, c. 21, s. 4 ; S.M. 2021, c. 61, s. 71 . Application of income of perpetual care funds 30(1) An authorized trustee may in each year deduct and retain, as remuneration for its services as trustee of a fund established in respect of a cemetery, columbarium or mausoleum, a portion of the income of the fund not exceeding the portion prescribed by regulation and, subject to a direction of the director under subsection (2), shall pay the balance of the income for the year to the owner for the perpetual care of the cemetery, columbarium or mausoleum. Restriction on payment of income 30(2) The director may direct an authorized trustee to pay the income of a fund established for the perpetual care of a cemetery, columbarium or mausoleum to the owner only to the extent required to pay, or to reimburse the owner for, expenses reasonably incurred for that purpose, and the trustee shall pay the income to the owner as directed by the director. Use of income by owner 30(3) All amounts paid to an owner under this section for the perpetual care of a cemetery, columbarium or mausoleum shall be used by the owner only for that purpose. S.M. 1999, c. 21, s. 4 ; S.M. 2021, c. 61, s. 71 . "Perpetual care funds" includes income 31(1) In this section, " perpetual care funds " includes funds payable to the authorized trustee under section 28 and income from those funds paid by the trustee to the owner for perpetual care. Passing of accounts 31(2) Every owner shall submit to the director, within five years after becoming an owner and thereafter at intervals not exceeding the lesser of five years and any shorter interval specified by the director, an account of the owner's dealings with perpetual care funds that have come into the owner's possession after becoming an owner or after the end of the last period for which the owner's accounts were passed, to be examined, audited and passed by the director. Director may direct passing of accounts 31(3) In addition to any passing of accounts required by subsection (2), the director may at any time direct an owner to submit to the director an account of the perpetual care funds that have come into the owner's possession after the end of the last period for which the accounts were passed, to be examined, audited and passed by the director. Additional information 31(4) Before passing the accounts of an owner, the director may require (a) the authorized trustee to submit an account or information with respect to funds received by it for the perpetual care of the owner's cemetery, columbarium or mausoleum; (b) the owner (i) to submit additional accounts or information with respect to perpetual care funds received by the owner or any other matter relevant to the passing of the accounts, and (ii) to make a full disclosure and accounting of all perpetual care funds that have come into the possession of the owner at any time. Appointment of expert 31(5) Where in the director's opinion the accounts submitted to the director are complicated and require expert investigation, the director may appoint an accountant or other skilled person to assist the director in examining and auditing the accounts, and the cost of obtaining the assistance shall be borne as the director determines. Extension of time 31(6) The director may, on application by an owner, notice of which has been served on the authorized trustee, extend the time for the passing of accounts required by subsection (2) or by a direction given under subsection (3). Hearing not required 31(7) The director may pass accounts under this section without a hearing unless the director determines that a hearing is necessary or advisable for the accounts to be examined or passed. Breach or contravention 31(8) If, on the passing of accounts, the director believes on reasonable grounds that an owner has committed a breach of a trust or contract for perpetual care or has contravened this Act, the regulations or an order or direction of the director made under this Act, the director (a) may direct the owner to pay to the authorized trustee an amount equal to all or any part of the perpetual care funds received by the owner; (b) may revoke, cancel, suspend or impose conditions or restrictions on any licence issued to the owner under section 26; and (c) may report their findings to the Attorney-General. S.M. 1999, c. 21, s. 4 ; S.M. 2021, c. 61, s. 71 . 32 [Repealed] S.M. 1999, c. 21, s. 4 . Information required by authorized trustee 33 An owner shall from time to time furnish to the authorized trustee such information with respect to perpetual care funds as the authorized trustee may require. Law applicable 34 In addition to the powers, rights, and obligations, created by this Act, the provisions of the general law, either statutory or otherwise, apply to an owner or trust company with respect to any perpetual care funds in their hands to the same extent as those provisions apply to any trustee having funds or property in the trustee's hands for charitable purposes. S.M. 2021, c. 61, s. 71 . Contravention of this Part 34.1(1) A person who contravenes any provision of this Part or an order or direction of the director made under this Part is guilty of an offence and is liable on summary conviction, (a) in the case of an individual, to a fine of not more than $5,000. or imprisonment for a term of not more than two months, or both; and (b) in the case of a corporation, to a fine of not more than $25,000. Directors and officers 34.1(2) If a corporation commits an offence referred to in subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., whether or not the corporation has been prosecuted. Continuing offence 34.1(3) When a contravention referred to in subsection (1) by a person continues for more than one day, the person is guilty of a separate offence for each day the contravention continues. S.M. 1999, c. 21, s. 5 ; S.M. 2021, c. 61, s. 71 . PART IV GENERAL Various offences 35(1) Any person who (a) wilfully destroys, mutilates, defaces, injures or removes any tomb, monument, gravestone, or other structure placed in a cemetery, or any fence, railing, or other work for protection or ornament of a cemetery, or of any tomb, monument, gravestone, or other structure aforesaid, or of any cemetery lot within a cemetery; or (b) wilfully destroys, cuts, breaks, or injures any tree, shrub, or plant in a cemetery; or (c) plays at any game or sport in a cemetery; or (d) discharges firearms (save at a military funeral) in a cemetery; or (e) wilfully and unlawfully disturbs persons assembled for the purpose of burying a body therein; or (f) commits a nuisance in a cemetery; is guilty of an offence. Offence and penalty 35(2) A person who is guilty of an offence under subsection (1) is liable on summary conviction to (a) a fine of not less than $1,000 and not more than $10,000; (b) imprisonment for a term of not more than one year; or (c) both the fine and imprisonment. 35(3) [Repealed] S.M. 2013, c. 47, Sch. A, s. 120 . S.M. 2011, c. 29, s. 2 ; S.M. 2012, c. 40, s. 5 ; S.M. 2013, c. 47, Sch. A, s. 120 . Restitution order 35.1(1) If a person is convicted of an offence under section 35, the convicting justice must, on the application of the Minister of Justice and Attorney General or of a person affected by the offence or their representative, (a) consider whether the defendant should pay restitution to an affected person for loss of or damage to property suffered as a result of the commission of the offence; and (b) if the justice considers an order to be just in the circumstances, order the defendant to pay an amount as restitution if the amount is readily ascertainable. Order filed in court 35.1(2) If an amount is ordered to be paid as restitution, the order may be filed in the Court of King's Bench, and on being filed it may be enforced in the same manner as a judgment of the court. Person must pay restitution ordered 35.1(3) Every person who is ordered to pay restitution must make the payment in accordance with the order. S.M. 2011, c. 29, s. 3 . Action for damages 36(1) Any person who commits any of the acts specified in section 35 is liable to an action for damages or trespass in the name of the owner of the cemetery and is liable to pay all damages occasioned by the unlawful act. Application of moneys received 36(2) Any damages, when collected, shall be applied by the owner of the cemetery for the reparation and the reconstruction of the property destroyed. S.M. 2021, c. 61, s. 71 . Organization and powers of board of trustees 37 Where any of the inhabitants of a municipality or locality in Manitoba, to the number of 10 or more, desire to take a conveyance of land for a public cemetery they may appoint trustees, to whom and their successors, to be appointed in such manner as may be specified in the transfer or deed of conveyance, or in default of provision therein or on failure of the provision therein, as provided in The Trustee Act , the land may be transferred or conveyed; and the trustees and their successors in perpetual succession, by the name expressed in the transfer or deed, may take, hold, and possess the land in trust for the uses and purposes limited in the transfer or deed; and may maintain and defend suits or actions for the protection thereof and of their property therein; but there shall not be held in trust under any such transfer or conveyance for the purpose aforesaid more than 10 acres of land for the inhabitants of any one municipality or locality. Conveyance of lands held for cemetery purposes 38 Any board of trustees organized under section 37 may convey the lands held by it for cemetery purposes to any municipality for the purpose of continuing the same as a public cemetery. Regulations 39 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations (a) respecting the maintenance and operation of cemeteries; (b) respecting the construction, maintenance, and operation of crematories; (c) respecting the fees payable for licences issued under this Act; (d) establishing a table of charges or fees payable to owners of crematories for services performed; (e) respecting the interment or other disposition of the ashes of the human bodies cremated in a crematory; (f) prescribing the notices, certificates, declarations, statements, or other documents, that must be completed before any human bodies are cremated; (g) [repealed] S.M. 2019, c. 11, s. 1 ; (h) respecting the registers and other records of the burial or interment of human bodies or other human remains that must be kept by the owner of a cemetery, columbarium, or mausoleum; (i) respecting the registers and other records of the cremation of human bodies that must be kept by the owner of a crematory; (j) respecting the licensing of owners for the maintenance and operation of cemeteries, columbaria, and mausolea; and fixing the terms and conditions that must be observed by the licensees; (k) respecting the licensing of owners and agents for the sale, lease, or rental of lots, plots, compartments, and other space, in cemeteries, columbaria, and mausolea; and fixing the terms and conditions that must be observed by the licensees; (l) respecting licences issued under this Act; (m) respecting the fees payable for licences issued under this Act; (n) appointing a trust company as authorized trustee under Part III; (o) prescribing the portion of the moneys received on the sale, lease, or rental of a lot, plot, compartment, or other space, in a cemetery, columbarium, or mausoleum, that an owner must deduct and set aside under subsection 28(1); and (p) prescribing the portion of the income on invested perpetual care funds that, under subsection 30(1), the authorized trustee may deduct and retain as remuneration. S.M. 1999, c. 21, s. 6 ; S.M. 2019, c. 11, s. 1 .